CRIMINAL JURISDICTION

Criminal Law Blog by Defense Lawyer John Floyd and Mr. Billy Sinclair

December 5, 2010

WIKILEAKS RENEW DR. AAFIA SIDDIQUI MYSTERY

86-year prison term for Dr. Siddiqui: Victory in Courtroom is Loss on Worldwide Public Stage

By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

This website has maintained an ongoing interest in the bizarre case of Dr. Aafia Siddiqui (hereand here). We have stated we do not know if the Pakistani native is a brilliant neuroscientist or an al Qaeda terrorist as our Government has repeatedly charged she is. What we do know is that our Government has cloaked the Siddiqui case in such mystery and secrecy that we believe she was most likely kidnapped, along with her three children, by Pakistan’s infamous intelligence agency in Karachi in 2003 and turned over to our Government who placed her in secret detention in Bagram military prison in Afghanistan where she was subjected to torture and other forms of debilitating abuse.

Just months after U.S. District Court Judge Richard M. Berman, sitting in the Southern District of New York, imposed an 86-year prison term on Dr. Siddiqui following her conviction for shooting American military personnel after her detention in Ghanzi, Afghanistan in July 2008, the highly publicized and controversial WikiLeaks disclosures of U.S. State Department classified cables has reawaken what the British newspaper, The Guardian, calls “one of the most vexed mysteries of the Bush-era ‘war on terror’.”

One cable from the U.S. Embassy in Islamabad, Pakistan, dated July 31, 2008 (two weeks after Siddiqui’s capture in Afghanistan), stated: “Bagram officials have assured us that they have not been holding Siddiqui for the last four years, as has been alleged.” Earlier cables from the embassy in February addressed the widespread public protest and outrage in Pakistan following Siddiqui’s conviction in February 2010.  At that time U.S. Ambassador Anne Patterson charged the protests were the result of “one-sided” media coverage in Pakistan about the case.

The mystery surrounding Dr. Siddiqui’s strange disappearance from Karachi in 2003 assumed an international life form in 2008 when, according to the Peace thru Justice Foundation, four men escaped from the Bagram prison and began to share stories about a Pakistani woman known as “Prisoner 650” who had been repeatedly subjected to torture and physical abuse at the hands of U.S. Government and military personnel. After a British citizen named Binyan Mohamed was released from U.S. secret detention, he positively identified a photograph of Dr. Siddiqui as “Prisoner 650.” The Prisoner 650/Dr. Siddiqui story was picked up by British journalist Yvonne Ridley who coined her as the “Gray Lady of Bagram.” The “Gray Lady” term was employed because Ridley said “Prisoner 650” appeared to be a “ghost” by all those who saw her and heard her screams echoing following torture sessions at the infamous Bagram prison.

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November 21, 2009

IS OSAMA BIN LADEN A TERRORIST OR AN UNPRIVILEGED BELLIGERENT?

Politics as Usual: Republicans Desperately Seek Outrage to be Relevant

By:  Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair

U.S. Attorney General Eric Holder recently appeared before a U.S. Senate committee hearing to explain his decision to prosecute Khalid Sheikh Mohammed, and his four co-conspirators, in federal civilian court rather than let them be tried before a military commission under the 2009 Military Commissions Act. There were a number of sharp, biting exchanges between Holder and Republican senators, all of whom have joined ranks in a calculated political agenda to oppose the Obama administration not only on this decision but any decision it makes on any front.

Sen. Lindsay Graham, R-SC, vigorously questioned Holder about Osama bin Laden should he be captured. Would the self-proclaimed jihadist be considered a criminal terrorist or an ‘unprivileged belligerent” (previously known as “enemy combatants” under the 2006 Military Commissions Act)? As a criminal terrorist, bin Laden, of course, would enjoy the same constitutional protections as any criminal defendant, including right to remain silent, right to counsel, and right not to be tortured. Sen. Graham’s line of questioning indicated he would be shocked and appalled were the world’s most wanted terrorist be given such constitutional protections upon capture.

Sen. Graham has a short memory. It was a Republican-led Congress in 1996 that enacted (and was signed into law by then President Bill Clinton in April of that year) the Anti-Terrorism and Effective Death Penalty Act (AEDPA). This law was enacted primarily in response to the 1995 Oklahoma City and 1993 World Trade Center bombings. AEDPA was codified as 18 U.S.C. Sec. 2332b. This statute defines the term “Federal crime of terrorism” as an offense that “is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct.” ADEPA designated the following list of already prohibited crimes as acts of “terrorism”:

  • 18 U.S.C. § 32 – destruction of aircraft or aircraft facilities
  • 13 U.S.C. § 37 – violence at international airports
  • 18 U.S.C. § 81 – arson within special maritime and territorial jurisdiction (more…)

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